Malaysia legislation
Section 15
Section 15
Protection of native customary rights
⎯(1) Without prejudice to sections 18 and 18A, where native customary rights have been lawfully created over State land and land which has been issued with native communal title under section 6A, such land shall not be alienated or be used for a public purpose until all native customary rights have been surrendered or terminated or provision for compensating the persons entitled thereto have been made in accordance with section 5(3) and (4).
[Sub. Cap. A95, Ins. Cap A166, Am. Cap. A179.]
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(2)
(a)
The surrender of native customary rights under subsection (1) shall be effected by way of a deed of surrender, in such form as may be approved by the Director, and shall be signed by the
Superintendent and the person whose rights are to be surrendered to the Government for the purposes of subsection (1).
(b)
Prior to the signing of the deed referred to in paragraph (a), the Superintendent shall cause a notice to be posted at the District
Office and at any other convenient places in the neighbourhood where the land is situated and a copy thereof served on the Headman of the area where the land is located, stating that any person who has any objection to the intended surrender of the native customary rights over the land described in the notice by reason that he had also lawfully created such rights over the said land and ought to be compensated, shall, within 21 days from date of posting of the notice in the Gazette, submit his objection in writing to the Superintendent.
(c)
Where the Superintendent receives any objection filed pursuant to paragraph (b), he shall determine the validity or otherwise of such objection, and if he overrules the same, he shall notify the objector in writing.
(d)
The deed of surrender shall not be signed by the parties referred to in paragraph (a), until a lapse of seven days after the
Superintendent has notified the objector of his decision under paragraph (c).
(e)
Where the Superintendent upholds the objection and the objector agrees to the surrender of his rights and compensation to be paid to him, the Superintendent shall include the name of the objector as a party to the deed of surrender.
(f)
Where the objector whose claim is upheld refuses to surrender his native customary rights, the matter shall be referred to the Minister who may direct that his rights be terminated in accordance with the provisions of this Code and compensation to be paid to him, or that the land over which he had lawfully created native customary rights, be excluded from the process of alienation.
(3)
Where the provisions of this section have been complied with in the surrender of native customary rights, the Government shall not be liable—
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(a)
for any amount of compensation other than that stipulated in the deed of surrender; or
(b)
to pay any compensation to any person who fails to raise any objection against the surrender in accordance with the provisions of the section; or
(c)
to any person who, subsequent to the execution of the deed of surrender, claims to have rights over the area referred to in the deed of surrender or to any heirs, beneficiaries or successors in title or estate of the persons who are parties to the said deed.
[Ins. Cap. A95.]
(4)
The granting of permits to occupy Native Customary Land under rules made under section 213 shall not be deemed to be inconsistent with subsection (1).
Alienation of land surrendered, reverted or resumed to the
Government